Would a Ban on Fracking Constitute a Takings?

Fracking is all the rage these days, a means of increasing domestic energy production by injecting fluid into cracks that exists in rock formations to open them up and allow oil and gas to flow out and be collected. There is a great national debate taking place over fracking, which to date remains largely unregulated. Many argue that fracking should be limited or banned due to environmental concerns about polluting the water basin and creation of toxic waste based on chemicals in the liquid being injected, as well as other concerns.

The intensity of the debate over fracking continues to grow nationwide and seems destined to result in fracking lawsuits based on a federal takings theory in the months and years ahead.

marzulla.co m http://www.marzulla.co m/wo uld-a-ban-o n-fracking-co nstitute-a-takings/Would a Ban on Fracking Constitute a Takings? Fracking is all the rage these days, a means of increasing domestic energy production by injecting f luid into cracks that exists in rock f ormations to open them up and allow oil and gas to f low out and be collected. There is a great national debate taking place over f racking, which to date remains largely unregulated. Many argue that f racking should be limited or banned due to environmental concerns about polluting the water basin and creation of toxic waste based on chemicals in the liquid being injected, as well as other concerns. A recent article by an a senior policy analyst f or the National Resources Def ense Council reports that the Governor of Colorado has stated that a ban on f racking would be equivalent to a taking, and that mineral owners would have to be compensated. But the author notes that “the question of whether a municipal ban will or will not ef f ect a taking is f ar f rom clear cut” and cautions that the governor “should not jump to any conclusions that every local f racking regulation would constitute a taking and require some sort of f inancial compensation.” In a related development, a group of landowners in New York interested in commencing f racking operations announced in February that they were considering f iling a takings lawsuit if the state f ailed to issue hydraulic f racturing regulations by February 27, 2013, the deadline set f or such regulations. The state missed the deadline and the f rustrated landowners plan to f ile a lawsuit against the Cuomo administration once the f unds are available. The intensity of the debate over f racking continues to grow nationwide and seems destined to result in f racking lawsuits based on a f ederal takings theory in the months and years ahead. The inf ormation and materials on this web site are provided f or general inf ormational purposes only and are not intended to be legal advice. The law changes f requently and varies f rom jurisdiction to jurisdiction. Being general in nature, the inf ormation and materials provided may not apply to any specif ic f actual or legal set of circumstances or both.

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